Electricity Act 2003
Section 78 :
Constitution of Selection Committee to recommend Members :
(1) The Central Government shall, for the purposes of selecting the Members of the Appellate Tribunal and the Chairperson and Members of the Central Commission, constitute a Selection Committee consisting of–
(a) Member of the Planning Commission incharge of the energy sector ………… Chairperson;
(b) Secretary-in-charge of the Ministry of the Central Government dealing with the Department of Legal Affairs …………. Member;
(c) Chairperson of the Public Enterprises Selection Board …….Member;
(d) a person to be nominated by the Central Government in accordance with sub-section (2)………………… Member;
(e) a person to be nominated by the Central Government in accordance with sub-section (3)……………….. Member;
(f) Secretary-in-charge of the Ministry of the Central Government dealing with power………….Member
(2) For the purposes of clause (d) of sub-section (1), the Central Government shall nominate from amongst persons holding the post of chairperson or managing director, by whatever name called, of any public financial institution specified in section 4A of the Companies Act, 1956 (1 of 1956).
(3) For the purposes of clause (e) of sub-section (1), the Central Government shall, by notification, nominate from amongst persons holding the post of director or the head of the institution, by whatever name called, of any research, technical or management institution for this purpose.
(4) Secretary-in-charge of the Ministry of the Central Government dealing with Power shall be the Convenor of the Selection Committee.
(5) The Central Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of a Member of the Appellate Tribunal or the Chairperson or a Member of the Central Commission and six months before the superannuation or end of tenure of the Member of the Appellate Tribunal or Member of the Central Commission, make a reference to the Selection Committee for filling up of the vacancy.
(6) The Selection Committee shall finalise the selection of the Chairperson and Members referred to in sub-section (5) within three months from the date on which the reference is made to it.
(7) The Selection Committee shall recommend a panel of two names for every vacancy referred to it.
(8) Before recommending any person for appointment as Member of the Appellate Tribunal or the Chairperson or other Member of the Central Commission, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as the Chairperson or Member.
(9) No appointment of the Chairperson or other Member shall be invalid merely by reason of any vacancy in the Selection Committee:
Provided that nothing contained in this section shall apply to the appointment of a person as the Chairperson of the Central Commission where such person is, or has been, a Judge of the Supreme Court or the Chief Justice of a High Court.
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